Two hundred and forty-one chapters in addition to the old cloth new (4)
On the way back to the Justice Bureau, Shen Ruiming has been thinking about the task Liu Xiang gave him. .Updated fastest. Of course, from the perspective of law teachers in the old time and space, Liu Xiang's actions can be regarded as "rude interference with judicial independence" and "administrative interference" Typical. But he didn't think there was anything wrong with it. In the final analysis, the law serves the ruling class. The law is first and foremost a tool for the ruler, not a shackle.
As for his proposal of the Ma Xiwu Trial Law, it was not just a whim. He had already learned a lot about the local judicial practice in Guangzhou from Liang Xinhu's secret report to the Judicial Office. Generally speaking, the summary trial system implemented by the Judicial Office in Hainan , it still seems too cumbersome in Guangzhou, especially now when the enemy and we are wrestling with major and important cases. The law must be combined with reality to achieve maximum effectiveness. Only considering legal issues without considering political and social realities is undoubtedly a trap. The quagmire of legal fundamentalism.
Along the way, there were construction sites for digging canals and paving roads. Shen Ruiming's sedan stopped and stopped, and had to take detours from time to time. Back to the Great Buddha Temple, the new "home" had been settled. Two maids were in the bedroom. Li is busy cleaning up and decorating. His office has been cleaned and decorated.
The chairs and furniture are of course just household supplies, but the room layout is very comfortable and practical. In the long-term work, the office has figured out a complete set of methods for renovating and decorating traditional houses. The General Affairs Department of the Municipal Government has also followed suit. This place has been renovated. Both the light and the practicality of the house have been improved to a higher level.
Shen Ruiming felt quite satisfied and was about to sit down and look through the case files that had just been sent: Liang Xinhu had sent someone to send over the relevant files on the witchcraft case and the cases related to the Guandi Temple troops. To be honest, the number was quite considerable.
"The director...is here again...to find you."
The Persian maid can speak some Chinese, but her pronunciation is not good. This slave girl from a noble family is very smart. After more than two years in Lingao, she can already roughly understand newspapers and letters.
The person who came in following the announcement was Liang Xinhu, who came first.
Liang Xinhu originally came to Guangzhou with the ambition of "becoming the dean of the Guangdong Intermediate People's Court". After arriving in Guangzhou, he was as busy as a top and never stopped seriously. On the one hand, it was because there were indeed endless cases; Due to the shortage of manpower, meeting Shen Ruiming felt more intimate than meeting a relative.
Seeing Liang Xinhu's tired face, Shen Ruiming knew that the burden on him was not light, so he was not in a hurry to speak. He waited until Liang Xinhu lit a Nanhai cigar before speaking: "I believe you have read the telegram from Lingao. To make a long story short, you need to rest more."
Liang Xinhu waved his hand, indicating that he was fine: "It's okay, it's okay, you and I are only over thirty, and the days of revolution are still long."
Liang Xinhu suddenly slapped his head again: "Sorry, I forgot that you don't smoke." He was about to put out the cigar. Shen Ruiming stopped him: "It doesn't matter, I'm not that particular here."
Seeing that Liang Xinhu had taken a few puffs and regained his energy a little, Shen Ruiming said: "A few things, one is the trial, we will talk about this later; the other is that the Organization Office has approved the establishment of five courts in Guangzhou, including supporting naturalization There is a training plan for civil and judicial civil servants, so that your burden can be greatly reduced."
Liang Xinhu blew out a smoke ring: "Before I came to Guangzhou, Lao Liu was very busy in urging the construction of supporting facilities for the court. After I came, he was not so diligent. But he also said that he would provide more housing for the entire population of 600,000 in Guangzhou. The burden on one court is not light if one court has 100,000 people."
"Mayor Liu's calculations are not trivial, but this is Guangzhou in the late Ming Dynasty, not the Guangzhou of the 21st century. There is no need for so many courts. In the 21st century, judges in central and western cities cannot hear a few cases a year. Small farmers There is no need to engage in such a big battle in this stagnant economy. In the past, there were only two county yamen in the urban area of Guangzhou to handle the judicial cases of the whole city. There are too many courts and there are not so many people to fill them.”
Liang Xinhu was stunned, knowing that there must be details within the Judiciary Office, and asked: "What about the specific plan? The Organization Office has approved it, and we will change it again. Is there any formality problem?"
"The Organization Office only approved the establishment of five courts for us, but did not specify the specific levels and purposes of the courts. This freedom is still in the hands of our Ministry of Justice." Shen Ruiming said, "After studying it, the Ministry of Justice decided to set up Nanhai first. There are two grassroots courts in Panyu and one Guangzhou Intermediate People's Court. This is roughly in contrast to the previous one prefecture and two counties, which makes it easier for the people to accept it."
"What about other counties? I heard that the Organization Office has also approved it." Liang Xinhu asked. Because there have been a lot of cases accumulated in various counties recently. In addition to serious cases being sent to Guangzhou for trial as usual, various small and micro cases and civil cases are only The case can be heard by the magistrate of each county according to the old method.
As a result, the newly established county governments were back to the old ways. The magistrates of each county set their own dates, either the first or fifteenth day of the lunar month, or the days of the week to "release complaints." The complainants crowded into the county government, although they did not Kneel down without spanking, but in essence it is no different from the Ming Dynasty magistrate trying a case.
The county magistrates, whether they are senators or naturalized citizens, actually know very little about the legal system of the Senate. They rely solely on a few manuals compiled by the Law Society. It will be difficult to sustain the case if the case is slightly complicated, especially the civil case, in which there are many entanglements. There are so many mixed events that it takes a lot of brainpower just to investigate the facts clearly. If the elders are better, they have at least been influenced by modern law, watched some legal programs, and understand the basic legal concepts and spirit. There are still some problems in the trial. Adjustment. The county magistrate, a naturalized citizen, either talks about the Tianxian as he wants, or hands the case over to the retainer's office or the criminal master as usual. These chaos are all gathered together through reports from the Political Security Bureau, demanding "justice enter the county." The cry suddenly became louder, which was one of the reasons why the Organization Department and the Cadre Department were suddenly so generous to the judiciary.
"We can't do it now with one court in each county," Shen Ruiming said. "I think it will only be possible to meet the needs of several key counties after the first batch of Guangzhou's judicial training class graduates. The Law Society has also taken this into consideration, so there are five courts. In addition to the three I just mentioned, the next one is that the Guangzhou Special District Circuit Court specially dispatches circuit courts to conduct trials in various counties. This can ensure the quality of trials and also reduce the pressure on local administrative departments."
"What about the fifth court?"
"The fifth one is the Maritime Court." Shen Ruiming said confidently, "This is also an important area."
Liang Xinhu nodded. This arrangement was indeed very reasonable and took into account all aspects. But he was still a little worried:
"There is no problem with this setup, but do we have so many elders to take charge? Even if you are a prosecutor and a judge, we all have one specialty and can wear many hats. There are still not enough elders. These institutions are It cannot be left vacant and must be filled with naturalized civilian judicial cadres. To be honest, no matter how I think about the 60-day crash course mentioned in the plan, it is difficult for me to agree with it. In the original time and space, a mature judge had to go through at least 18 Years of basic education, and 10 years of practical experience are required, not to mention that the current legal situation is more than ten times more complicated than in the past." Liang Xinhu expressed his worries, "Criminal cases are easy to talk about, and Mu Minna can be brought to trial. Side evidence and other evidence will be prepared. Except for some extremely serious cases that require veterans to serve as prosecutors, under normal circumstances naturalized citizens can just follow the script. But civil cases are different. The indigenous people who come to litigate in this time and space know the evidence. It is important, but often the evidence produced is either incomplete or has nothing to do with the facts that need to be proved. Basically, we judges have to collect the evidence ourselves. Take the rental dispute a few days ago as an example. I asked my subordinates to investigate. Local folk business habits require hard talk before they are willing to cooperate, which is time-consuming and labor-intensive, and the truth is often not obtained. Are these quick judges really qualified for these tasks?"
Shen Ruiming knew very well that Liang Xinhu would have questions in this regard. He explained: "As for the civil trial, I think we need to change our working thinking. In Lingao and even Hainan as a whole, we have overwhelming achievements in all aspects of society. Because of our sexual advantage, there are not many civil cases. Even if there are, because we control the grassroots political power, all work can be carried out very conveniently. But in newly liberated areas like Guangzhou, the situation is very different. In my opinion, the original time and space The method is not suitable for the local environment, so it is better to use the Ma Xiwu trial method used in the base areas during the Anti-Japanese War."
Liang Xinhu also graduated with a law major, so he naturally knows this. He said: "This method is indeed good, but there are two problems. First, we cannot say that we have fully mastered the entire Guangdong area at present, and the safety of work in the countryside cannot be guaranteed. The counties under Guangzhou Prefecture, even the more remote ones, are not in peace at the moment; secondly, judging from the current application and admission situation for the civil service examination, the highest proportion is from the so-called citizen class, that is, the urban petty bourgeoisie, who can really mingle with the masses. ?”
"I have also considered this," Shen Ruiming hesitated, and continued after a while, "I asked Du Wen for a few rural cadres who were trained in the training center. These people are very experienced in going to the countryside. We Get a few more instruction manuals, and it will not be difficult to solve common problems. As for the newly recruited students, they need to follow these cadres and learn on the job. Of course, I admit that there will definitely be people who cannot correctly position themselves, but After all, you can’t stop eating because of choking. There is no problem with the general direction of the training plan.” He seemed very confident, “Everything is difficult at the beginning, I will try my best on this matter, don’t worry.” (To be continued...)